Position Realty · Buyer and seller
Disclosure Regarding Real Estate Agency Relationship
Present California’s prescribed explanation of seller agency, buyer agency, dual agency, duties, confidentiality, and the parties’ responsibility to protect their own interests.
Seller’s agent
The seller’s agent represents the seller and owes the seller fiduciary duties. The agent also owes both parties reasonable skill and care, honest and fair dealing, good faith, and disclosure of known material facts within the statutory duty.
Buyer’s agent
The buyer’s agent represents the buyer and owes the buyer fiduciary duties. The agent also owes both parties reasonable skill and care, honest and fair dealing, good faith, and disclosure of known material facts within the statutory duty.
Agent representing both seller and buyer
A real estate agent may represent both sides only with the knowledge and consent required by law. A dual agent owes duties to both parties and may not reveal protected confidential information from one party to the other without permission.
Seller and buyer responsibilities
The purchase agreement or a separate writing will confirm the actual agency relationship in the transaction. Each party should read that confirmation and every agreement carefully, protect their own interests, and obtain legal or tax advice when desired.